Bill Text: OH SB185 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To provide that there is no period of limitation for the prosecution of an offense of rape or sexual battery.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-06-09 - To Judiciary Criminal Justice [SB185 Detail]
Download: Ohio-2011-SB185-Introduced.html
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Senator Turner
Cosponsor:
Senator Cafaro
To amend section 2901.13 of the Revised Code to | 1 |
provide that there is no period of limitation for | 2 |
the prosecution of an offense of rape or sexual | 3 |
battery. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2901.13 of the Revised Code be | 5 |
amended to read as follows: | 6 |
Sec. 2901.13. (A)(1) Except as provided in division (A)(2) | 7 |
or (3) of this section or as otherwise provided in this section, a | 8 |
prosecution shall be barred unless it is commenced within the | 9 |
following periods after an offense is committed: | 10 |
(a) For a felony, six years; | 11 |
(b) For a misdemeanor other than a minor misdemeanor, two | 12 |
years; | 13 |
(c) For a minor misdemeanor, six months. | 14 |
(2) There is no period of limitation for the prosecution of a | 15 |
violation of section 2903.01 | 16 |
the Revised Code. | 17 |
(3) Except as otherwise provided in divisions (B) to (H) of | 18 |
this section, a prosecution of any of the following offenses shall | 19 |
be barred unless it is commenced within twenty years after the | 20 |
offense is committed: | 21 |
(a) A violation of section 2903.03, 2903.04, 2905.01, | 22 |
23 | |
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, | 24 |
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a | 25 |
violation of section 2903.11 or 2903.12 of the Revised Code if the | 26 |
victim is a peace officer, a violation of section 2903.13 of the | 27 |
Revised Code that is a felony, or a violation of former section | 28 |
2907.12 of the Revised Code; | 29 |
(b) A conspiracy to commit, attempt to commit, or complicity | 30 |
in committing a violation set forth in division (A)(3)(a) of this | 31 |
section. | 32 |
(B)(1) Except as otherwise provided in division (B)(2) of | 33 |
this section, if the period of limitation provided in division | 34 |
(A)(1) or (3) of this section has expired, prosecution shall be | 35 |
commenced for an offense of which an element is fraud or breach of | 36 |
a fiduciary duty, within one year after discovery of the offense | 37 |
either by an aggrieved person, or by the aggrieved person's legal | 38 |
representative who is not a party to the offense. | 39 |
(2) If the period of limitation provided in division (A)(1) | 40 |
or (3) of this section has expired, prosecution for a violation of | 41 |
section 2913.49 of the Revised Code shall be commenced within five | 42 |
years after discovery of the offense either by an aggrieved person | 43 |
or the aggrieved person's legal representative who is not a party | 44 |
to the offense. | 45 |
(C)(1) If the period of limitation provided in division | 46 |
(A)(1) or (3) of this section has expired, prosecution shall be | 47 |
commenced for the following offenses during the following | 48 |
specified periods of time: | 49 |
(a) For an offense involving misconduct in office by a public | 50 |
servant, at any time while the accused remains a public servant, | 51 |
or within two years thereafter; | 52 |
(b) For an offense by a person who is not a public servant | 53 |
but whose offense is directly related to the misconduct in office | 54 |
of a public servant, at any time while that public servant remains | 55 |
a public servant, or within two years thereafter. | 56 |
(2) As used in this division: | 57 |
(a) An "offense is directly related to the misconduct in | 58 |
office of a public servant" includes, but is not limited to, a | 59 |
violation of section 101.71, 101.91, 121.61 or 2921.13, division | 60 |
(F) or (H) of section 102.03, division (A) of section 2921.02, | 61 |
division (A) or (B) of section 2921.43, or division (F) or (G) of | 62 |
section 3517.13 of the Revised Code, that is directly related to | 63 |
an offense involving misconduct in office of a public servant. | 64 |
(b) "Public servant" has the same meaning as in section | 65 |
2921.01 of the Revised Code. | 66 |
(D) An offense is committed when every element of the offense | 67 |
occurs. In the case of an offense of which an element is a | 68 |
continuing course of conduct, the period of limitation does not | 69 |
begin to run until such course of conduct or the accused's | 70 |
accountability for it terminates, whichever occurs first. | 71 |
(E) A prosecution is commenced on the date an indictment is | 72 |
returned or an information filed, or on the date a lawful arrest | 73 |
without a warrant is made, or on the date a warrant, summons, | 74 |
citation, or other process is issued, whichever occurs first. A | 75 |
prosecution is not commenced by the return of an indictment or the | 76 |
filing of an information unless reasonable diligence is exercised | 77 |
to issue and execute process on the same. A prosecution is not | 78 |
commenced upon issuance of a warrant, summons, citation, or other | 79 |
process, unless reasonable diligence is exercised to execute the | 80 |
same. | 81 |
(F) The period of limitation shall not run during any time | 82 |
when the corpus delicti remains undiscovered. | 83 |
(G) The period of limitation shall not run during any time | 84 |
when the accused purposely avoids prosecution. Proof that the | 85 |
accused departed this state or concealed the accused's identity or | 86 |
whereabouts is prima-facie evidence of the accused's purpose to | 87 |
avoid prosecution. | 88 |
(H) The period of limitation shall not run during any time a | 89 |
prosecution against the accused based on the same conduct is | 90 |
pending in this state, even though the indictment, information, or | 91 |
process that commenced the prosecution is quashed or the | 92 |
proceedings on the indictment, information, or process are set | 93 |
aside or reversed on appeal. | 94 |
(I) The period of limitation for a violation of any provision | 95 |
of Title XXIX of the Revised Code that involves a physical or | 96 |
mental wound, injury, disability, or condition of a nature that | 97 |
reasonably indicates abuse or neglect of a child under eighteen | 98 |
years of age or of a mentally retarded, developmentally disabled, | 99 |
or physically impaired child under twenty-one years of age shall | 100 |
not begin to run until either of the following occurs: | 101 |
(1) The victim of the offense reaches the age of majority. | 102 |
(2) A public children services agency, or a municipal or | 103 |
county peace officer that is not the parent or guardian of the | 104 |
child, in the county in which the child resides or in which the | 105 |
abuse or neglect is occurring or has occurred has been notified | 106 |
that abuse or neglect is known, suspected, or believed to have | 107 |
occurred. | 108 |
(J) As used in this section, "peace officer" has the same | 109 |
meaning as in section 2935.01 of the Revised Code. | 110 |
Section 2. That existing section 2901.13 of the Revised Code | 111 |
is hereby repealed. | 112 |
Section 3. Section 2901.13 of the Revised Code, as amended by | 113 |
this act, applies to a violation of section 2907.02 or 2907.03 of | 114 |
the Revised Code committed on or after the effective date of this | 115 |
act and applies to a violation of section 2907.02 or 2907.03 of | 116 |
the Revised Code committed prior to the effective date of this act | 117 |
if, on the effective date of this act, prosecution for that | 118 |
violation was not barred under section 2901.13 of the Revised Code | 119 |
as it existed on the day prior to the effective date of this act. | 120 |
Section 4. The General Assembly, applying the principle | 121 |
stated in division (B) of section 1.52 of the Revised Code that | 122 |
amendments are to be harmonized if reasonably capable of | 123 |
simultaneous operation, finds that the following sections, | 124 |
presented in this act as composites of the sections as amended by | 125 |
the acts indicated, are the resulting versions of the sections in | 126 |
effect prior to the effective date of the sections as presented in | 127 |
this act: | 128 |
Section 2901.13 of the Revised Code as amended by both Sub. | 129 |
H.B. 46 and S.B. 219 of the 127th General Assembly. | 130 |